Michigan Laws 28.173a – DNA identification profiling; refusal to supply samples as misdemeanor; existing sample; inadequate sample
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 28.173a
- Department: means the department of state police. See Michigan Laws 28.172
- DNA identification profiling: means a validated scientific method of analyzing components of deoxyribonucleic acid molecules in a biological specimen to determine a match or a nonmatch between a reference sample and an evidentiary sample. See Michigan Laws 28.172
- Felony: means a violation of a penal law of this state for which the offender may be punished by imprisonment for more than 1 year or an offense expressly designated by law to be a felony. See Michigan Laws 28.172
- Investigating law enforcement agency: means the law enforcement agency responsible for the investigation of the offense for which the individual is arrested or convicted. See Michigan Laws 28.172
- Sample: means a portion of an individual's blood, saliva, or tissue collected from the individual. See Michigan Laws 28.172
(1) An individual required by law to provide samples for DNA identification profiling who refuses to provide or resists providing those samples is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both. The individual shall be advised that his or her resistance or refusal to provide samples described in this subsection is a misdemeanor.
(2) If at the time an individual who is required by law to provide samples for DNA identification profiling is arrested for committing or attempting to commit a felony offense or is convicted or found responsible the investigating law enforcement agency or the department already has a sample from the individual that meets the requirements of the rules promulgated under this act, the individual is not required to provide another sample. However, if an individual’s DNA sample is inadequate for purposes of analysis, the individual shall provide another DNA sample that is adequate for analysis.